DECEMBER 22, 1998 7:00 PM

Present were: Mayor Dave Hood, Commissioners Jeffrey J. Boyle, Thelma Irvin, Frank Gillooly, Carl G. Persis, City Manager Eugene Miller, City Attorney Randy Hayes, and Veronica Patterson, City Clerk.

A G E N D A

  1. Meeting called to order by Mayor Hood.
  2. Invocation given by Father Comforted Keen, Holy Child Episcopal Church.
  3. Pledge of Allegiance.
  4. Approval of the Minutes of the December 1, 1998, meeting.
  5. PRESENTATION: Employee-of-the-Year Award to Marilyn Porter.
  6. AUDIENCE REMARKS:
  7. CONSENT AGENDA: The action proposed to be taken is stated for each item on the Consent Agenda. Unless the item is removed from the Consent Agenda by a City Commissioner, no discussion on individual items will occur and a single motion will approve all items.
    1. Resolution No. 98-212 reappointing E. H. H. "Ed" Mathews as a member and Eleanor Schutt as an alternate member and appointing K. Judith Lane as a member of the Board of Adjustment and Appeals, setting forth terms and conditions of service.
    2. Resolution No. 98-213 appointing Scott A. Selis as a member of the Planning Board; establishing term and conditions of service.
    3. Resolution No. 98-214 appointing members of the Workplace Safety Committee; setting forth terms and conditions of service.
    4. Resolution No. 98-215 appointing Frank Trane as a member of the Human Resources Board; setting forth term and conditions of service.
    5. Resolution No. 98-216 authorizing the execution of Change Order Number One to that contract awarded to Triple G Services Corporation, Inc., authorized by Resolution No. 98-202, to increase the contract price by $12,500 to $92,804; amending the Fiscal Year 1998-99 budget. (Skatecourt in Nova Community Park)
    6. Resolution No. 98-217 authorizing the execution of Change Order Number One to that contract awarded to Allen Green Construction Company, authorized by Resolution No. 98-123, to increase the contract price by $10,000.00 to $98,258.75. (1998 Miscellaneous Sidewalk Project - Skatecourt Site Sidewalk)
    7. Resolution No. 98-218 relative to various development approvals; extending various subdivision plat approvals; extending the approval of a Special Exception to allow the construction of a Type "E" restaurant at 1200 West Granada Boulevard (State Road 40). (Pine Trails, Phase III; Ormond Green, Phase II; Stonewood Estates; TymberSky; Breakaway Trails, Phase III, Units 2; and Ormond Lakes, Units IIIB and V)
    8. Resolution No. 98-219 ratifying and authorizing the execution of a Collective Bargaining Agreement between the City and the Ormond Beach General Employees’ Association (P.E.R.C. Certification #1217 - General Employees).
    9. Resolution No. 98-220 amending the Pay and Classification Plan.
    10. Resolution No. 98-221 authorizing the execution and submittal of a grant application, and all papers necessary and incidental thereto, to obtain a $10,000 grant under the Local Law Enforcement Block Grants Program administered by the Florida Department of Community Affairs for the purchase of certain technical equipment and to pay police officers overtime for assignment to a specialized strategic enforcement unit; authorizing the expenditure of funds in the Law Enforcement Trust Fund for said purpose.
    11. Resolution No. 98-227 appointing the Honorable S. Joseph Davis, Jr., and the Honorable Harrison Griffin as Special Masters of the City’s citation-fine/special master code enforcement system; setting forth terms and conditions of service.
    12. Status report on the provision of water service to Calle Grande properties.

      DISPOSITION: Accept City Manager report dated December 17, 1998.

    13. Nominations for candidates to the Floridian 2000 Recognition Program.

      DISPOSITION: Approve as recommended in City Manager memorandum dated December 17, 1998.

  8. PUBLIC HEARINGS:
    1. Resolution No. 98-222 approving a request to remove a historic tree at 10 Windsail Circle.
    2. Resolution No. 98-223 approving a request to remove a historic tree at 45 Park Place.
    3. Resolution No. 98-224 authorizing the execution and issuance of a Conditional Use Permit in favor of Temple Beth-el to allow for the expansion of classroom space for the existing preschool and expansion of the parking lot to accommodate overflow vehicles during special events to be held at the Temple, establishing conditions and expirations of approval.
    4. Ordinance No. 98-56 amending Chapter 2, Administration, Article IX, Financial Matters, Division 3, Purchasing, Sections 2-300, 2-301 and 2-303 thereof of the Code of Ordinances regarding methods of source selection and brand name specifications and appeals and remedies. (Second Reading)
    5. Ordinance No. 98-57 vacating a portion of Rosewood Avenue and Pine Street rights-of-way situated between North U.S.1 (State Road 5) and the property commonly known as Starlite Skate Center; reserving certain easements; establishing conditions.
  9. FIRST READING OF ORDINANCES:
    1. Ordinance No. 98-58 amending Sections 3.03, 3.05 and 6.02 of the City Charter by reducing terms of office for all City elected officials from four (4) years to two (2) years; eliminating term limits; eliminating staggered terms of office; providing a transition schedule; providing for and calling a Special Referendum Election of the registered electors residing in the City of Ormond Beach to be held on February 23, 1999; providing for election procedures; providing for severability.
    2. Ordinance No. 98-59 approving the final plat of Unit II-A of the "Ormond Lakes" portion of the "National Gardens Trust" Development of Regional Impact; establishing conditions and expiration date of approval; authorizing the placement of official traffic control devices.
  10. RESOLUTIONS:
    1. Resolution No. 98-225 appointing a representative to serve as the City’s representative on the Board of Directors of the Ormond Beach Chamber of Commerce; setting forth term and conditions of service.
    2. Resolution No. 98-226 appointing a commissioner of the Ormond Beach Housing Authority; setting forth term and conditions of service.
  11. DISCUSSION ITEMS:
    1. Joint planning areas between the City and the County.
    2. Xeriscape requirements for new development.
    3. Request for funding and grant application support for the Three Chimneys site.
    4. Vendor fees for Ormond Main Street Farmers’ Market.
  12. AUDIENCE COMMENTS ON AGENDA ITEMS: (Not to include Public Hearing matters.)
  13. Reports, Suggestions, Requests: Mayor, City Commission, City Manager, City Attorney.
  14. Close the meeting.

Item #1 - Call to Order

Mayor Hood called the meeting to order at 7:00 PM.

Item #2 - Invocation

The invocation was given by Father Comforted Keen, Holy Child Episcopal Church.

Item #3 - Pledge of Allegiance

Mayor Hood led in the Pledge of Allegiance.

Item #4 - Approval of Minutes

Mayor Hood advised the Minutes of the December 1, 1998, regular City Commission meeting have been sent to the Commissioners for review and asked if there were any corrections, additions, or omissions.

Commissioner Persis moved, seconded by Commissioner Gillooly, to approve the minutes as submitted.

Call Vote: Commissioner Boyle yes
Commissioner Irvin yes
Commissioner Gillooly yes
Commissioner Persis yes
carried. Mayor Hood yes

Item #5 - Presentation - Employee-of-the-Year Award to Marilyn Porter

Mr. Eugene Miller, City Manager, introduced Ms. Marilyn Porter, Finance Department, who was selected as the Employee-of-the-Year. He reported Ms. Porter was selected from among the four (4) employees selected as Employee-of-the-Quarter. Mr. Miller stated Ms. Porter has worked for the City for 19 years and has been an exemplary employee during that time, often acting as a mediator with employees and resolving payroll concerns to everyone’s satisfaction. On behalf of the City and the City Commission, Mayor Hood presented Ms. Porter with a plaque, a commemorative desk award, and a gift certificate to Billy’s Tap Room. The Mayor expressed appreciation for all that Ms. Porter has done to achieve this honor.

Item #6 - Audience Remarks

FINA Station Building Permits

Mr. Steve DeLuca, 100 West Granada Boulevard, stated the FINA station at that location was granted a Special Exception in 1989, but he has been having difficulty obtaining building permits since that time. He asked the City Commission to consider extending the Special Exception.

Mr. Kevin Denny, Acting Planning Director, advised the Special Exception in question allowed the placement of a canopy 6 ½ feet from the property line. He stated that Special Exception was extended once and expired in 1990; therefore, the City Commission cannot at this time extend that Special Exception.

Mayor Hood questioned the legality of addressing Mr. DeLuca’s Special Exception; whereby, Mr. Randal Hayes, City Attorney, advised that the Special Exception automatically expired, so there is no Special Exception to extend.

Mr. DeLuca stated he had spent a considerable amount of money on plans to renovate the FINA station to Streetscape standards and is still meeting resistance obtaining a building permit; whereby, Mayor Hood asked that Mr. DeLuca’s concerns be placed on the next agenda for discussion.

Duck Relocation

Ms. Jutta Gaydos stated that the City removed various ducks from Central Park. She stated the City has advised her the ducks have been relocated; however, she is concerned for their welfare since she has not been allowed to see the ducks in their new location.

Mr. Ted MacLeod, Public Works Director, reported that Mr. Greg Anest, a Nuisance Wildlife Control Contractor, has advised him that the owners of the property in Flagler County where the ducks were released are adamant that their name or location not be divulged because of adverse publicity. He stated when Mr. Anest was hired, he was asked not to euthansze the ducks but to release them, and he has stated that he did release the ducks at the Flagler County location.

Ms. Gaydos reiterated her request to view the ducks at their new location; whereby, Mayor Hood asked staff to contact the owner of the relocation pond to ascertain if he would be willing to let Ms. Gaydos view the ducks, based upon her promise not to relay the location to anyone else. If this cannot be accomplished, Mayor Hood asked the issue be addressed at the next meeting.

Commissioner Boyle stated this creates a dilemma for the City because the City cannot allow the Park to become overpopulated with ducks, and many people are feeding the ducks, causing them to stay in the Park. He requested that Ms. Gaydos be allowed to participate in any future relocation to alleviate her concerns and assure that only the new ducks are relocated.

Ms. Pat Mihalek, 216 Yorktown Drive, Daytona Beach, a member of the Board of Directors of the Halifax River Audubon Society, stated Mallard ducks were removed from the Park which is prohibited under the Federal Migratory Bird Act. She stated the Board is quite concerned the Mallard ducks were removed from the Park; and while the trapper removed the ducks, the City has responsibility since it hired him. She questioned under what authority the ducks were moved.

Mayor Hood reiterated that Mr. Anest will be contacted and the issue brought back to the Commission if not resolved.

Item #7 - Consent Agenda

Mayor Hood advised that the action proposed to be taken for each item on the Consent Agenda is so stated on the agenda. He asked if any member of the Commission had questions or wished to discuss any one or more of the items separately.

Commissioner Gillooly asked that Item #7(G), be discussed separately.

Commissioner Boyle moved, seconded by Commissioner Persis, for approval of the Consent Agenda, minus Item #7(G).

Call Vote: Commissioner Irvin yes
Commissioner Gillooly yes
Commissioner Persis yes
Commissioner Boyle yes
carried. Mayor Hood yes

Item #7(G) - Extension of Various Subdivision Development and Special Exception Approvals

RESOLUTION. 98 - 218

A RESOLUTION RELATIVE TO VARIOUS DEVELOPMENT APPROVALS, EXTENDING VARIOUS SUBDIVISION PLAT APPROVALS; EXTENDING THE APPROVAL OF A SPECIAL EXCEPTION TO ALLOW THE CONSTRUCTION OF A TYPE "E" RESTAURANT AT 1200 WEST GRANADA BOULEVARD (STATE ROAD 40); SETTING FORTH AN EFFECTIVE DATE.

Commissioner Boyle moved, seconded by Commissioner Persis, for approval of Resolution No. 98-218, as read by title only.

Commissioner Gillooly expressed concern regarding a Special Exception which was given several years back in perpetuity and can only be denied with good cause. He stated that, while he feels there is good cause to deny the extension, it is his understanding that an accommodation has been devised between the builder and the City’s attorneys. He asked that Mr. Hayes comment on that action. He stated that with the understanding that there is new information to add to this Special Exception, he would agree to the extension with the stipulation that the extension be conditional upon compliance with the terms worked out today.

Mr. Hayes explained that the property owner, Mr. Paul Holub, has voluntarily agreed to restrict the Special Exception use for a Class "E" type restaurant; however, Mr. Holub would like to reserve that right on the chance he may wish to pursue such use, pursuant to the Special Exception that was granted. He stated it is his understanding Mr. Holub intends to construct something other than a Class "E" type restaurant.

Commissioner Gillooly stated that he understands the need for and would not deny anyone the right to maximize profit on property. He stated his objection concerns strictly the Class "E" type drive-in restaurant.

Mr. Holub advised the Type "E" restaurant was originally planned to be a "Chucky Cheese" restaurant with no drive-through; however, that use has not evolved. He stated the Special Exception was the avenue under which the development was approved; and by extending the Special Exception, the site plan approval and related permits are extended. He advised he has provided Mr. Hayes with a letter stating Holub Development Company has voluntarily agreed not to go forward with the Type "E" restaurant use which is permitted under a Conditional Use Permit in B-10 zoning. He stated the property will most likely be developed as an office/professional complex.

Call Vote: Commissioner Gillooly yes
Commissioner Persis yes
Commissioner Boyle yes
Commissioner Irvin yes
carried. Mayor Hood yes

Item #8(A) - Removal of Historic Tree at 10 Windsail Circle

Commissioner Boyle moved, seconded by Commissioner Persis, to close the public hearing on Item #8(A). The motion carried unanimously.

RESOLUTION. 98 - 222

A RESOLUTION APPROVING A REQUEST TO REMOVE AN HISTORIC TREE AT 10 WINDSAIL CIRCLE; SETTING FORTH AN EFFECTIVE DATE.

Commissioner Persis moved, seconded by Commissioner Gillooly, for approval of Resolution No. 98-222, as read by title only.

 

Call Vote: Commissioner Persis yes
Commissioner Boyle yes
Commissioner Irvin yes
Commissioner Gillooly yes
carried. Mayor Hood yes

Item #8(B) - Removal of Historic Tree at 45 Park Place

Commissioner Boyle moved, seconded by Commissioner Persis, to close the public hearing on Item #8(B). The motion carried unanimously.

RESOLUTION. 98 - 223

A RESOLUTION APPROVING A REQUEST TO REMOVE AN HISTORIC TREE AT 45 PARK PLACE; SETTING FORTH AN EFFECTIVE DATE.

Commissioner Persis moved, seconded by Commissioner Gillooly, for approval of Resolution No. 98-223, as read by title only.

Call Vote: Commissioner Boyle yes
Commissioner Irvin yes
Commissioner Gillooly yes
Commissioner Persis yes
carried. Mayor Hood yes

Item #8(C) - Temple Beth-el Conditional Use Permit

Commissioner Gillooly moved, seconded by Commissioner Persis, to close the public hearing on Item #8(C). The motion carried unanimously.

RESOLUTION. 98 - 224

A RESOLUTION AUTHORIZING THE EXECUTION AND ISSUANCE OF A CONDITIONAL USE PERMIT IN FAVOR OF TEMPLE BETH-EL TO ALLOW FOR THE EXPANSION OF CLASSROOM SPACE FOR THE EXISTING PRESCHOOL AND EXPANSION OF THE PARKING LOT TO ACCOMMODATE OVERFLOW VEHICLES DURING SPECIAL EVENTS TO BE HELD AT THE TEMPLE, ESTABLISHING CONDITIONS AND EXPIRATIONS OF APPROVAL; AND SETTING FORTH AN EFFECTIVE DATE.

Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Resolution No. 98-224, as read by title only.

Call Vote: Commissioner Irvin yes
Commissioner Gillooly yes
Commissioner Persis yes
Commissioner Boyle yes
carried. Mayor Hood yes

Item #8(D) - Purchasing Ordinance

Commissioner Gillooly moved, seconded by Commissioner Irvin, to close the public hearing on Item #8(D). The motion carried unanimously.

ORDINANCE NO. 98 - 56

AN ORDINANCE AMENDING CHAPTER 2, ADMINISTRA-TION, ARTICLE IX, FINANCIAL MATTERS, DIVISION 3, PURCHASING, SECTIONS 2-300, 2-301 AND 2-303 THEREOF OF THE CODE OF ORDINANCES REGARDING METHODS OF SOURCE SELECTION AND BRAND NAME SPECIFICA-TIONS, AND APPEALS AND REMEDIES; REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; SETTING FORTH AN EFFECTIVE DATE.

Commissioner Persis moved, seconded by Commissioner Gillooly, for approval of Ordinance No. 98-56, on second reading, as read by title only.

Call Vote: Commissioner Gillooly yes
Commissioner Persis yes
Commissioner Boyle yes
Commissioner Irvin yes
carried. Mayor Hood yes

Item #8(E) - Vacation of Rosewood Avenue and Pine Street

Mr. William Todd, Starlite Skate Center, 250 North U.S.#1, stated that he had received no certified letter regarding this vacation but was given verbal notification and saw the advertisement in the newspaper. He stated there would be no access to property in a swampy subdivision behind this area if Rosewood Avenue is vacated because it is the only dry land access. He noted this vacation would deed the land to him, creating an additional tax burden; and he expressed concern that a deceleration lane off U.S.#1, which he though was previously vacated in 1984, would be jeopardized. He stated the deceleration lane is an important safety concern because of the volume of traffic coming into his business from both sides of U.S.#1, and he asked that the length of the current deceleration lane be maintained in front of the lot that is to be developed. He expressed concern that the new development will require a turnout from the deceleration lane.

Mr. Kevin Denny, Acting Planning Director, advised that the adjacent property owners were notified by certified mail through the Clerk’s office. He stated it is staff’s position this vacation does not limit access as there are three (3) north/south roads that provide access to Rosewood, via Kennilworth. He stated the Florida Department of Transportation (FDOT) issues permits for deceleration lanes; therefore, FDOT will address that issue. He noted, however, this vacation will actually limit impact on the acceleration lane by not allowing a road cut.

Commissioner Boyle moved, seconded by Commissioner Persis, to close the public hearing on Item #8(E). The motion carried unanimously.

ORDINANCE NO. 98 - 57

AN ORDINANCE VACATING A PORTION OF ROSEWOOD AVENUE AND PINE STREET RIGHTS-OF-WAY SITUATED BETWEEN NORTH U.S.1 (STATE ROAD 5) AND THE PROPERTY COMMONLY KNOWN AS STARLITE SKATE CENTER; RESERVING CERTAIN EASEMENTS; ESTABLISH-ING CONDITIONS; REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; SETTING FORTH AN EFFECTIVE DATE.

Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Ordinance No. 98-57, on first reading, as read by title only.

Commissioner Gillooly advised Mr. Todd he would meet with him at his property and review his concerns prior to the second reading of this Ordinance; however, he indicated that did not necessarily mean he would change his vote on the issue.

Mayor Hood stated the argument relative to the land being landlocked is not persuasive because there are public rights-of-way that access. He stated the turn lane is an issue, and he, too, will review that issue prior to the second vote on the Ordinance.

Call Vote: Commissioner Persis yes
Commissioner Boyle yes
Commissioner Irvin yes
Commissioner Gillooly yes
carried. Mayor Hood yes

Item #9(A) - Charter Referendum Relative to Commission Terms

ORDINANCE NO. 98 - 58

AN ORDINANCE AMENDING SECTIONS 3.03, 3.05 AND 6.02 OF THE CITY CHARTER, BY REDUCING TERMS OF OFFICE FOR ALL CITY ELECTED OFFICIALS FROM FOUR (4) YEARS TO TWO (2) YEARS; ELIMINATING TERM LIMITS; ELIMINATING STAGGERED TERMS OF OFFICE; PROVIDING A TRANSITION SCHEDULE; PROVIDING FOR AND CALLING A SPECIAL REFERENDUM ELECTION OF THE REGISTERED ELECTORS RESIDING IN THE CITY OF ORMOND BEACH TO BE HELD ON FEBRUARY 23, 1999, PROVIDING FOR ELECTION PROCEDURES; PROVIDING FOR SEVERABILITY; AND SETTING FORTH AN EFFECTIVE DATE.

Commissioner Boyle moved, seconded by Commissioner Irvin, for approval of Ordinance No. 98-58, on first reading, as read by title only.

Commissioner Gillooly stated there are compelling reasons for and against this ordinance; therefore, he would like the citizens to be able to decide this issue. He stated that if this question is placed on the referendum to be decided February 23, 1999, regarding the construction of a new police facility, he did not anticipate that the Charter question would deter from the bond question. He stated the people of the City are best served by putting this question on the ballot.

Commissioner Persis expressed concern that the wording of the ballot on page 4 of the ordinance would lead citizens to interpret that the City Commission is endorsing the concept of the Charter amendments. He asked if the working could be revised to reflect that the City is seeking the citizen’s opinion rather than suggesting the City Commission promotes the change.

Mayor Hood suggested the wording of the ballot be, "Should the City Charter be amended as follows:" rather than, "The City Commission is seeking your approval…," as currently worded.

Commissioner Persis advised he has articulated his reasons for being against placing this before the citizens in the past, and rather than voice those objections again, he would agree that the ordinance is acceptable as presented at this time and let the citizens decide if this is what they want to do.

Commissioner Boyle agreed with the stipulation presented by Commissioner Persis. He stated the desires of the Commission on this matter are irrelevant, as this really is an issue that should be decided by the people since this is their Charter.

Mayor Hood advised he would vote "no" because he strongly believes in term limits, and the people have already voted on that.

Mr. Hayes asked for clarification that the vote would include the amendment as articulated by Mayor Hood; whereby, Commissioners Boyle and Irving concurred that it did.

Call Vote: Commissioner Boyle yes
Commissioner Irvin yes
Commissioner Gillooly yes
Commissioner Persis yes
carried. Mayor Hood no

Item #9(B) - Final Plat of Ormond Lakes, Unit II-A, Subdivision

ORDINANCE NO. 98 - 59

AN ORDINANCE APPROVING THE FINAL PLAT OF UNIT II-A OF THE "ORMOND LAKES" PORTION OF THE "NATIONAL GARDENS TRUST" DEVELOPMENT OF REGIONAL IMPACT; ESTABLISHING CONDITIONS AND EXPIRATION DATE OF APPROVAL; AUTHORIZING THE PLACEMENT OF OFFICIAL TRAFFIC CONTROL DEVICES; SETTING FORTH AN EFFECTIVE DATE.

Commissioner Gillooly moved, seconded by Commissioner Persis, for approval of Ordinance No. 98-59, on first reading, as read by title only.

Call Vote: Commissioner Irvin yes
Commissioner Gillooly yes
Commissioner Persis yes
Commissioner Boyle yes
carried. Mayor Hood yes

Item #10(A) - Appointment to the Board of Directors of the Chamber of Commerce

Mayor Hood questioned if the members of the Commission had received a letter from the Chamber of Commerce regarding this issue. Since none had, he reported the Chamber’s viewpoint is that the Chamber, rather than the City Commission, chooses who sits on its Board from the City Commission. That being the case, he suggested this resolution was unnecessary.

Commissioner Boyle disputed that viewpoint. He stated the former director of the Chamber had approached the Commission two years ago with the idea of a Commission member sitting on the Board of Directors for the Chamber with the intention of improving communications and clarifying issues between the Chamber and the City. He stated the Chamber did not specify any particular member at that time, and it was the decision of this Commission in March of 1997 to make that selection by resolution. He advised he had nominated Mayor Hood, and his membership was again renewed in March of 1998. He stated at no time was it his understanding that the choice of which commissioner served as the liaison would be the choice of the Chamber Board, nor was that indicated in any communication with the City Manager and others, nor was that indicated in reviewing the previous resolution. He stated if the Chamber wished to have any particular member of this Commission serve on its Board, the Board could easily do that through its own appointment process; however, as far as a liaison selected by the Commission, it has always been the pleasure of this Commission to make that selection.

Commissioner Gillooly stated it seems incongruous that if the Commission is to send someone to represent the Commission at the Chamber, that person would be chosen by the Chamber; whereby, Mayor Hood asked that the resolution be read.

RESOLUTION NO. 98-225

A RESOLUTION APPOINTING A MEMBER TO SERVE AS THE CITY’S REPRESENTATIVE ON THE BOARD OF DIRECTORS OF THE ORMOND BEACH CHAMBER OF COMMERCE; SETTING FORTH TERM AND CONDITIONS OF SERVICE; AND SETTING FORTH AN EFFECTIVE DATE.

Commissioner Boyle moved, seconded by Commissioner Gillooly, for approval of Resolution No. 98-225 with Commissioner Irvin appointed to serve as the liaison to the Board of Directors of the Chamber of Commerce.

Ms. Peggy Farmer, Director of the Chamber of Commerce, explained the Chamber has reviewed this issue and found that when the first letter was written by Mr. John Connors regarding this subject, in February or March of 1997, it was a good faith effort to work together with the City, and the letter was not specific as to how the appointment would be made, but that either the Mayor or a City Commissioner would be selected. She stated subsequently to that in 1997, the Chamber’s by-laws were more specific and stated "the Mayor or a City elected representative, who may be appointed by the Board on an annual basis with full voting rights." She asked that Mr. Miller or Mr. Tom Lipps meet with her to resolve the wording of the resolution and the Chamber’s by-laws so that they are in agreement for the future. She explained the Board must abide by its by-laws; and since the Board changes every year with terms ending in December, at their October 1997 meeting, the Board elected their new Board, reappointing the Mayor to the Board. She asked that the City work with her in arriving at a positive solution to this dilemma.

Commissioner Irvin stated the notation in the Chamber by-laws that the representative "may" be appointed rather than "shall" be appointed by the Chamber is possibly how this misunderstanding occurred. She suggested it would be a good idea to resolve this with the Chamber; and since she has been nominated from the Commission, she would like the manner cleared up before she serves on any board.

Commissioner Irvin moved to table this issue. Commissioner Boyle seconded the motion, but asked that it be on the record that when the by-laws became more specific, the Commission was not made aware of any change in that language; and when the Mayor was reappointed by consent agenda, that again was at the will of the Commission. He stated that until today, he had never heard John Connors or anyone else at the Chamber given to any understanding that it was simply the Commission’s choice to pick one of its number. He expressed the desire that the issue be cleared up, and that a good relationship be maintained between the Commission and the Chamber, and he thanked the Mayor for the many hours of service he has put into the Chamber.

Mayor Hood asked that the Commission be aware that the new representative will be the co-chair of the committee to landscape U.S.#1 and will be responsible for raising $200,000 for that project.

Call Vote: Commissioner Gillooly yes
Commissioner Persis yes
Commissioner Boyle yes
Commissioner Irvin yes
carried. Mayor Hood yes

Item #10(B) - Appointment to the Housing Authority

RESOLUTION NO. 98-226

A RESOLUTION APPOINTING A MEMBER AS A COMMISSIONER OF THE ORMOND BEACH HOUSING AUTHORITY; SETTING FORTH TERM AND CONDITIONS OF SERVICE; AND SETTING FORTH AN EFFECTIVE DATE.

Commissioner Persis moved, seconded by Commissioner Irvin, for approval of Resolution No. 98-226, as read by title only.

Mr. Hayes advised the Commission would need to nominate someone.

Commissioner Irvin nominated John Wood as the appointment as Housing Authority Commissioner.

Call Vote: Commissioner Persis yes
Commissioner Boyle yes
Commissioner Irvin yes
Commissioner Gillooly yes
carried. Mayor Hood yes

Item #11(A) - Joint Planning Areas

Mayor Hood advised that staff has recommended the Commission withhold discussion until the Local Government Study Commission has made a recommendation on this issue. He asked if any of the Commission wished to discuss the item.

Commissioner Boyle expressed appreciation for the City Manager’s preliminary study on this commission and on the annexation policy subcommittee, and he stated he hopes this will lead to an agreement with the County Council on development rules for those urbanized areas just outside the City of Ormond Beach municipal limits. He advised that Ms. Harriet Damesek has begun discussions of this concept with members of the County Council and has received favorable responses; however, while the City Commission is waiting for the Local Government Study Commission to do their work, he believes it is important that the City Commission reach some consensus on this issue. He asked that the issue be placed on the agenda for the City Commission 1999 goal setting session.

Mayor Hood asked if there were any objection to that action. There being none, he asked that the item be placed on the goal setting workshop agenda.

Item #11(B) - Xeriscape Requirements

Commissioner Boyle expressed appreciation to staff for the report and stated he agreed that the 50% xeriscape of landscaped areas for non-residential development seems quite adequate. He stated, however, this issue was brought to the Commission concerning the non-landscaped areas, and that has not been clearly defined. He stated the concern is that there is too much sod and not enough landscaped area in the non-residential areas; therefore, he suggested it may be advisable for the newly constituted Environmental Advisory Board to review this issue.

Finding no objection from the Commission, Mayor Hood asked that the issue be sent to the Environmental Advisory Board for review.

Item #11(C) - Three Chimneys

Mr. Ceylon Barclay, 1239 Ocean Shore Boulevard, advised he has been newly elected as the president of the 300-member Ormond Beach Historical Trust, Inc. He thanked the City for the sign at the Ormond Beach Welcome Center at the MacDonald House, but he asked that the misspellings in the sign be corrected. He advised the Trust will be manning the Center shortly.

Mr. Barclay reported that on December 1, 1998, he had requested the City donate $7,000 to the Trust to assist in meeting a $10,000 matching grant commitment from the State for the Three Chimneys project. He advised that the Trust is withdrawing its request for matching funds because of The News-Journal coverage and the resulting public support which has provided the Trust with adequate funds to match the grant. Mr. Barclay noted the $20,000 will be used for park design and layout of the historic site, and this work will continue at no cost to the City. He provided a drawing of a restored chimney by a local Ormond Beach artist and advised the Trust is working now to re-erect the chimney. Mr. Barclay reviewed the progress being made on preserving and archeological excavating of the site and on the public education being conducted. He advised the public continues to financially support this project, and the Quality of Life Advisory Board has joined the Trust in support of the rapid acquisition and development of the Three Chimneys property as a historic site.

Mr. Barclay asked the Commission to approve the submission of a grant application for the purchase of the Three Chimneys property. He advised a successful grant would be contingent upon local City matches. He noted the purchase price of this property was $294,700, and on August 26, 1998, an appraisal was performed showing a value of $825,000; however, that appraisal was recently withdrawn as it did not consider the archeological ruins, the historic trees, and wetlands. He advised a modified appraisal is being done, and he estimates the final State appraisal of the seven (7) acre park will be in the area of $400,000 to $500,000. If the appraisal comes in at that amount, he estimated a City/County/private funding match of $200,000 to $250,000, would be necessary, plus annual maintenance of $40,000, less operating revenues from a planned restaurant operation similar to the successful restaurant at DeLeon Springs.

Mr. Barclay advised Three Chimneys has been placed on the State’s most endangered list, and according to archeologist, Ted Payne, this will assist not only with the grant request, but also in the funding of the project’s needs into the future. He stated the Trust feels strongly that Three Chimneys must be preserved as a treasure for the City by joining hands in a shared vision of this historic treasure. He asked that the City move from its verbal support to take a financial stand for preservation by joining the Trust on this project to provide education for children, allow our citizens and tourists to imagine what life was like in 1764 Ormond Beach, spur economic growth, create new jobs with a first-class historic park, and promote a green space of historical significance in a commercial corridor. He advised the grant cycle opens in February, and he asked for the City’s support.

Commissioner Boyle stated he agreed with Mr. Barclay’s comments and expressed the hope that the Commission will discuss this issue at some future point in regard to the capital budget. He stated there are four important advantages for which this concept should be supported: it would provide a park for recreation; it would be a historical park; it has economic potential for the City; and most importantly, it could preserve an important segment of green space in the corridor entrance to our City.

Commissioner Gillooly expressed strong support for preservation; however, he questioned the $400,000 to $500,000 cost. He stated the historical trees, wetlands, and location in the flood zone should make this property worthless for building; therefore, he suggested tough negotiations take place regarding the price of the land.

Commissioner Boyle reminded the Commission the topography and logistics of this property are almost identical to the property where the Office Depot is soon to open.

Mr. Miller stated that it appears the Commission may be considering directing staff to proceed with plans to not only assist with the acquisition of this property, but an obligation to work out the capital development as well as assist the Trust with some type of operation and maintenance plan. He pointed out this would be a major commitment; and with that understanding, if the Commission proceeds, that would be deemed direction to staff to work toward that objective.

Mayor Hood responded that appears to be the objective of at least two of the Commission who have spoken, and he questioned if any member of the Commission disagreed. Commissioner Irvin advised that she did not disagree with the objective articulated. Mayor Hood added that, once again, the Commission is committing a great deal of money when other monies have already been committed for personnel, and there will be increases in health care costs. He stated that the group that wishes to support this project needs to understand that at some point in the future, the money will need to be found for this project.

Mr. Miller clarified that the administration would much prefer to have a project of this magnitude considered in a public hearing process of capital improvement budget deliberations, so various requests from citizen groups, departmental requests, etc., can be considered in the context of a comprehensive financial plan for the future.

Mayor Hood stated that is what has been suggested, so that is what will be done.

Item #11(D) - Vendor Fees for the Ormond Main Street Farmers’ Market

Mayor Hood stated he had raised the question of vendor fees, and he did not see a response to that in the letter provided.

Ms. Lori Gillooly, Director of Ormond Main Street, advised the letter discussed that the Farmers’ Market Committee, chaired by Bill Partington, is considering adjusting the vendor fees, mainly to attract more vendors to the Farmers’ Market. She asked, however, that the Commission be aware that the fees are in line with the other area farmers’ markets.

Item #12 - Audience Comments On Agenda Items

Joint Planning Areas

Ms. Rita Press, 875 Wilmette Avenue, expressed disappointment that the issue of joint planning areas with the County was not discussed in more detail as it is one of the major dilemmas in Ormond Beach. She noted the new County representative is in the audience and may answer questions on the topic, and she stated she heard no direction from the Commission as to what action would occur.

Mayor Hood explained that one of the issues the Local Government Study Commission is specifically studying is the question of buffers between the County and municipalities and between municipalities and other municipalities. He explained this Local Government Study Commission is comprised of representatives of each municipality and County government, and it has been assigned the task of and has agreed to deal with certain short term and long term issues, one of which is an analysis and determination if there is a program or a plan that would be helpful in annexation policies between municipalities and the buffer issue in between. He stated City staff recommended that the Commission allow the Study Commission to complete that process before the City takes any particular action.

Commissioner Boyle explained that the specific topic under discussion at the County level, an issue with which the County is also disappointed, is where the County handles the development process, not without cost, and after the project is complete, the applicant immediately petitions for annexation. He stated the City then annexes property that was developed under the more relaxed County regulations. He explained the result that is hoped for is that within a several mile radius of City limits, the County would agree that the applicant would develop under the rules of that nearby City, hopefully eliminating all the problems.

Item #13 - Reports, Suggestions, Requests

Durrance Acres/Tymber Creek Culvert

Commissioner Boyle advised he had received several reports of fill dirt being dumped into a culvert in the Durrance Acres/Tymber Creek area, effectively closing off the culvert. He stated staff investigated this yesterday, and he asked that he be provided a report on this as soon as possible so that he may advise those concerned citizens.

Fred Disselkoen Remembrance

Commissioner Boyle reminded that it was exactly one year ago this date that our former City Attorney, Fred Disselkoen, passed away. He stated that Fred is in our thoughts, and his memory and his great efforts on behalf of our City will always be a part of Ormond Beach.

Frank and Alice Henry

Commissioner Gillooly advised that Frank and Alice Henry are celebrating their 50th wedding anniversary. He stated Mr. and Mrs. Henry have served the City for years and have made major contributions, particularly in area recreation, and he extended the best wishes of the Commission to them.

Recreational Vehicle Decision

Commissioner Persis stated the list of approvals provided to the Commission regarding the Recreational Vehicle (RV) issue omitted an important word that he felt the Commission had wished to delete from the ordinance. He explained that in the portion of the ordinance regarding temporary parking, the word "continuously" should have been eliminated from the requirement that "temporary parking shall not occur continuously for more than 72 hours during any continuous 30-day period."

Mayor Hood advised that this item would need to be put on a future agenda, and Commissioner Persis concurred.

Adjacent Property Developments

Commissioner Persis stated he has been encouraged by his conversations with the newly elected County council members, Jaynes, John and Bruno, about their awareness of the problems Ormond Beach has been experiencing with adjacent property developments.

Holiday Wishes

Members of the City Commission and the City Manager wished everyone a Happy Holiday.

FDOT Widening of Nova Road

Mayor Hood expressed extreme dissatisfaction with the Florida Department of Transportation (FDOT) action regarding the Nova Road widening projects in Ormond Beach and Port Orange. He explained FDOT has inadvertently allowed the St. Johns permit and easements for the projects to expire. He stated that because the FDOT did not pay attention to these expirations, the City’s anticipated construction will be delayed another three (3) or four (4) years. He stated FDOT acts as if there is nothing that can be done; no one is accountable; and no one seems to have any concern that FDOT has monumentally erred both in Ormond Beach and in Port Orange. He stated that whoever is running this program is incompetent and should not be running FDOT’s programs. He stated the City needs to express the highest distress to Nancy Houston and the head of FDOT that FDOT must find a means to solve this problem for the cities of Ormond Beach and Port Orange, a solution which does not include waiting another three (3) or four (4) years to have the projects started. He stated the City has been to numerous meetings to coordinate the utility relocations and the design, and the City spent a lot of time and effort in 1995 making sure the project would be completed in the year 2000. He asked that staff write a letter to FDOT for approval at the next City Commission meeting.

Item #14 - Close The Meeting

The meeting was adjourned at 8:05 PM.


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